Conn. Practice Book § 2-34A (2026)

Sec. 2-34A (5) Have the power to subpoena witnesses for any hearing before a grievance panel, a reviewing committee or the Statewide Grievance Committee convened pursuant to these rules. (6) In his or her discretion, recommend disposi- tions to the Statewide Grievance Committee or the reviewing committee after the hearing on a complaint is concluded. (7) At the request of the Statewide Grievance Committee or a reviewing committee, prepare and file complaints initiating presentment proceedings in the Superior Court, whether or not the alleged misconduct occurred in the actual presence of the court, and prosecute same. (8) At the request of a grievance panel made pursuant to Section 2-29, pursue the matter before the grievance panel on the issue of proba- ble cause. (9) Investigate and prosecute complaints involving the violation by any person of General Statutes § 51-88. (Adopted June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003, and amended on an interim basis, pursuant to the provisions of Section 1- 9 (c), to take effect Oct. 1, 2003, and amendment adopted June 30, 2003, to take effect Oct. 1, 2003; Sept. 30, 2003, effective date of adopted rule and amendment changed to Jan. 1, 2004; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, the second and third sen- tences of subsection (a) read: ‘‘The chief disciplinary counsel and the disciplinary counsel shall be appointed by the judges of the Superior Court for a term of one year commencing July 1, except that initial appointments shall be from such date as the judges determine through the following June 30. In the event that a vacancy arises in any of these positions before the end of a term, the executive committee of the Superior Court may appoint a qualified individual to fill the vacancy for the balance of the term.’’ COMMENTARY—2026: The changes to this section are consistent with the current duties and responsibilities of and properly undertaken by the Chief Court Administrator and are consistent with the provisions of No. 24-108 of the 2024 Public Acts, An Act Concerning Court Operations and Administrative Proceedings, which, among other things, consolidated under the Chief Court Administrator the responsibility for many per- sonnel and administrative matters that historically were acted on by the Executive Committee and/or the judges of the Supe- rior Court. Sec. 2-35. Action by Statewide Grievance Committee or Reviewing Committee (a) Upon receipt of the record from a grievance panel, the Statewide Grievance Committee may assign the case to a reviewing committee which shall consist of at least three members of the Statewide Grievance Committee, at least one third of whom are not attorneys. The Statewide Grievance Committee may, in its discretion, reas- sign the case to a different reviewing committee. 144 The committee shall regularly rotate membership on reviewing committees and assignments of complaints from the various grievance panels. An attorney who maintains an office for the practice of law in the same judicial district as the respon- dent may not sit on the reviewing committee for that case. (b) The Statewide Grievance Committee and the reviewing committee shall have the power to issue a subpoena to compel any person to appear before it to testify in relation to any matter deemed by the Statewide Grievance Committee or the reviewing committee to be relevant to the com- plaint and to produce before it for examination any books or papers which, in its judgment, may be relevant to such complaint. Any such testimony shall be on the record. (c) If the grievance panel determined that prob- able cause exists that the respondent is guilty of misconduct, the Statewide Grievance Committee or the reviewing committee shall hold a hearing on the complaint. If the grievance panel deter- mined that probable cause does not exist, but filed the matter with the Statewide Grievance Commit- tee because the complaint alleges that a crime has been committed, the Statewide Grievance Committee or the reviewing committee shall review the determination of no probable cause, take evidence if it deems it appropriate and, if it determines that probable cause does exist, shall take the following action: (1) if the Statewide Grievance Committee reviewed the grievance panel’s determination, it shall hold a hearing con- cerning the complaint or assign the matter to a reviewing committee to hold the hearing; or (2) if a reviewing committee reviewed the grievance panel’s determination, it shall hold a hearing con- cerning the complaint or refer the matter to the Statewide Grievance Committee which shall assign it to another reviewing committee to hold the hearing. (d) Disciplinary counsel may add additional alle- gations of misconduct to the grievance panel’s determination that probable cause exists in the following circumstances: (1) Prior to the hearing before the Statewide Grievance Committee or the reviewing commit- tee, disciplinary counsel may add additional alle- gations of misconduct arising from the record of the grievance complaint or its investigation of the complaint. (2) Following commencement of the hearing before the Statewide Grievance Committee or the reviewing committee, disciplinary counsel may only add additional allegations of misconduct for good cause shown and with the consent of the

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—GENERAL PROVISIONS Sec. 2-35 respondent and the Statewide Grievance Com- mittee or the reviewing committee. Additional alle- gations of misconduct may not be added after the hearing has concluded. (e) If disciplinary counsel determines that addi- tional allegations of misconduct exist, it shall issue a written notice to the respondent and the State- wide Grievance Committee, which shall include, but not be limited to, the following: (1) a description of the factual allegation or allegations that were considered in rendering the determination; and (2) for each such factual allegation, an identifica- tion of the specific provision or provisions of the applicable rules governing attorney conduct con- sidered in rendering the determination. (f) The respondent shall be entitled to a period of not less than thirty days before being required to appear at a hearing to defend against any addi- tional charges of misconduct filed by the disciplin- ary counsel. (g) At least two of the same members of a reviewing committee shall be present at all hear- ings held by the reviewing committee. If a member of the reviewing committee is absent for the hear- ing, the member’s participation in the determina- tion of the matter shall be waived unless the disciplinary counsel or the respondent object at the commencement of the hearing. If an objection is raised, then the absent member of the reviewing committee shall obtain and review the transcript of each such hearing and shall participate in the committee’s determination. All hearings following a determination of probable cause shall be public and on the record. (h) The complainant and respondent shall be entitled to be present at all hearings and other proceedings on the complaint at which testimony is given and to have counsel present. At all hear- ings, the respondent shall have the right to be heard in the respondent’s own defense and by witnesses and counsel. The disciplinary counsel shall pursue the matter before the Statewide Grievance Committee or reviewing committee. The disciplinary counsel and the respondent shall be entitled to examine or cross-examine wit- nesses. At the conclusion of the evidentiary phase of a hearing, the complainant, the disciplinary counsel and the respondent shall have the oppor- tunity to make a statement, either individually or through counsel. The Statewide Grievance Com- mittee or reviewing committee may request oral argument. (i) Within ninety days of the date the grievance panel filed its determination with the Statewide Grievance Committee pursuant to Section 2-32 (i), the reviewing committee shall render a final 145 written decision dismissing the complaint, impos- ing sanctions and conditions as authorized by Section 2-37 or directing the disciplinary counsel to file a presentment against the respondent in the Superior Court and file it with the Statewide Grievance Committee. In a decision of the reviewing committee directing the disciplinary counsel to file a presentment against the respon- dent, the reviewing committee may direct that the presentment include additional findings of mis- conduct beyond those set forth in the probable cause finding and the additional allegations of misconduct if the findings are supported by the record. Where there is a final decision dismissing the complaint, the reviewing committee may give notice in a written summary order to be followed by a full written decision. The reviewing commit- tee’s record in the case shall consist of a copy of all evidence it received or considered, including a transcript of any testimony heard by it, and its decision. The record shall also be sent to the Statewide Grievance Committee. The reviewing committee shall forward a copy of the final deci- sion to the complainant, the disciplinary counsel, the respondent, and the grievance panel to which the complaint was forwarded. The decision shall be a matter of public record if there was a determi- nation by a grievance panel, a reviewing commit- tee or the Statewide Grievance Committee that there was probable cause that the respondent was guilty of misconduct. The reviewing commit- tee may file a motion for extension of time not to exceed thirty days with the Statewide Grievance Committee which shall grant the motion only upon a showing of good cause. If the reviewing commit- tee does not complete its action on a complaint within the time provided in this section, the State- wide Grievance Committee shall, on motion of the complainant or the respondent or on its own motion, inquire into the delay and determine the appropriate course of action. Enforcement of the final decision, including the publication of the notice of a reprimand pursuant to Section 2-54, shall be stayed for thirty days from the date of the issuance to the parties of the final decision. In the event the respondent timely submits to the Statewide Grievance Committee a request for review of the final decision of the reviewing com- mittee, such stay shall remain in full force and effect pursuant to Section 2-38 (b). (j) If the reviewing committee finds probable cause to believe the respondent has violated the criminal law of this state, it shall report its findings to the chief state’s attorney. (k) Within thirty days of the issuance to the parties of the final decision by the reviewing com- mittee, the respondent may submit to the State- wide Grievance Committee a request for review

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—GENERAL PROVISIONS